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Old 10-28-2006, 11:55 PM  
will76
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Join Date: May 2003
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Quote:
Originally Posted by Varius View Post
Maybe they are overconfident because they did win their last case...but that was under much different circumstances, against someone who decided to drop the case because he couldn't get enough support for his class action attempt.

We are not going after any class action, we simply will enforce/protect our trademarks.
Their last case was 100% different. Computer "users" were sueing because their "adware" was put on their computers without their permission and had caused damages to their pc.

Give you a little update from the attornies I talked to over the last couple weeks. It seems none of them want to take on a class action lawsuit on behalf of affiliates/website owners who are having traffic and sales stolen. Personally I think it is easier to show business interference and theft being caused to us then trying to prove damage caused to a surfers computer but for some reason they must see that differently.

Now this is interesting for AFF/ SexSearch, and all who openly use zango and steal traffic from their affiliates... The attornies I spoke with were VERY interested in going after sponsors on behalf of their affiliates. Another reason why sponsors should stop doing business with spyware and stealing from their affiliates.

For you guys, it should be an open shut case. They are tageting your trademark. Look at what potterybarn is doing to AFF. If potterybarn will not allow you to put "potterybarn" in the meta tags of your own site (for fear that you might try to steal their traffic and tarnish their name) What in the hell do you think Zango is doing. It's 10x worse. They are putting your name on their site to allow hundreds of people to steal thousands of thousands of your hits (traffic) a day. They are also tarishing your name by associating it with something that more people then not see as spyware, that pops up on their pc (which they hate and beats their pop up blocker) etc..

Have your attorney read up on the gator cases, it is exactly the same that zango is doing. Once you take down 1 of these spyware companies the rest should fold quick when you contact them to remove your name from their site.
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Last edited by will76; 10-28-2006 at 11:56 PM..
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